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Originally Posted by Far-L
For the record...
The Grimms were folklorists and linguists that collected stories for academic purposes, so there are multiple versions of "Snow White", "Cinderella" etc. and
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the childhood tales was an merging of these stories, with annotations thad documented the merging and divergances.
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in fact there are versions with evil mom instead of evil stepmother and they were and still are criticized for being not "child" appropriate.
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actually history shows that the criticisms resulted in the changes, the revison by Grimm were in response to this criticisms.
the original fokelore was based on the monarchal rules of ascention which is why the mother was the villian. the cultural changes in society is what allowed the revision
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Disney was able to revise the stories because the source material was folk tales that were not copywritten.
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disney was able to revise it because the copyright expired, mainly because of the change in copyright law (statute of Anne and subsequencely adopted laws in germany) which created the concept of literary public domain.
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There are plenty of examples of music drawn from folk material in the same way and musicians are able to copyright their arrangements and recorded versions but not the original lyrics and tune.
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musical scores or tunes can be copyrighted
notes can't be. (g flat)
public domain weather it be oral or the literary public domain is useable as a base without autorization from copyright holder.
the derivation can be copyrighted. that the way the system works. The principle was that once the copyright expires that work would be added to the collection of useable public domain work.
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I think the problem with RK is that they didn't get mechanical licensing to use the music in the manner that they did.
And for the record... just because GG is providing legal counterpoint in support of a potential defense of RK doesn't have to piss anyone off. Healthy debate is good for really understanding the issues involved, imo.
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thank you